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10.01 Associates
The Labor Council may
designate only one Labor Council Associate and alternate at each
Department/Agency facility. The Labor Council Associates are union stewards as
that term is generally used. The alternate shall serve in the absence of the
Associate. The Associate or alternate will be permitted reasonable time off
during his/her normal tour of duty to attend to the
administration of the Agreement, to investigate and process grievances for
employees, and represent employees as provided for in the grievance procedure
contained in Article 20. Additionally Associates will be permitted reasonable
time off during his/her normal tour of duty to
represent employees in pre-disciplinary meetings at regular rate with no loss of
benefits.
During such time the Associate or alternate shall continue to be paid at his/her regular rate and shall receive all fringe benefits, seniority accrual and other benefits. When not using time for such purposes, Associates and alternates will perform their regularly assigned job duties. An employee must have completed his/her probationary period before becoming an Associate or alternate.
In addition to the time permitted by the grievance procedure, each Labor Council Associate or alternate shall be permitted to use a reasonable amount of paid time to consult with Labor Council representatives and represent bargaining unit members at grievance meetings.
Associates and alternates of the Ohio Department of Natural Resource may cross division lines within each affected department to represent employees in grievance and pre-disciplinary meetings. Negotiating Committee members who are off duty or using banked hours under Section 10.04 (B.) may cross departmental and division lines for the same purposes. Each Associate or alternate will notify his/her supervisor of the necessity to leave his/her work assignment to carry out duties in connection with this Agreement. Associates may use a reasonable amount of working time to receive and investigate complaints and grievances of employees on the premises of the Employer only if such activity does not interfere with or interrupt Department/Agency operations and with prior approval by the grievant's supervisor. Permission will be granted after consideration of work operations by the Employer. Such permission will not be unreasonably withheld. If it should become necessary to deny such paid time in connection with the investigation or processing of a grievance, the time provided in the grievance procedure for action to be taken by the Labor Council will automatically be extended. Such extensions will be calculated by adding one working day to the time limits for each day on which the Labor Council Associate or alternate is denied paid time to carry out his/her duties in connection with this Agreement.
Upon entering any work area other than his/her own and prior to engaging in any steward duties, the Associate shall report to the supervisor of the work area. He/she shall identify the nature of the activity he/she is to perform.
The Labor Council shall provide written notification to the Employer of the appointment of Associates or alternates five (5) days prior to such appointment being effective. No appointment will be recognized until written notification is received by the Employer.
All requests for any form of time off from work pursuant to this Article must be made by completing a form or log provided by the Employer, which may include electronic mail. Except by mutual agreement, no employee will be granted any time off pursuant to this Article, without completing the form or log prior to the utilization of such time, and securing authorization by attempting to contact all identified management representatives and obtaining permission to utilize such time. The employee shall enter on the form the time the leave commences, and upon returning, the employee shall enter the return time. Employees who do not return to their worksite prior to the end of the employee's workday shall complete the form at the beginning of the employee's next workday. Employees who normally work out of the office, will work out an acceptable alternative union leave request procedure with their supervisor. In the absence of a mutually agreed to form, the employee shall use state leave forms.
Additionally, Delegates shall be permitted eight (8) hours of paid administrative leave to attend the Ohio Labor Council Annual One Day Conference and up to eight (8) hours of paid administrative leave shall be granted monthly to any bargaining unit employee who serves on the Ohio Labor Council Board of Directors for the purpose of attending the monthly Board of Directors meeting. Up to eight (8) hours of paid administrative leave shall be granted annually to Labor Council Associates or officers for the purpose of associate training, and paid administrative leave shall be granted for any time spent serving on the OCSEA Benefits Trust Board.
10.02 FOP/OLC Designated Meeting Areas
The F.O.P./O.L.C. shall
have access to all Department/Agency approved public meeting areas/facilities
and shall be in compliance with Department/Agency regulations regarding use of
these designated areas.
10.03 Contact With Employees
When contacting the
employee, the Labor Council representative or Associate will first seek the
permission of the employee's supervisor. Contact will be granted provided it
does not unreasonably disrupt work operations.
Labor Council representatives or Associates shall have reasonable visitation privileges to facilities including academies for purposes of administering this Agreement provided that this privilege will be exercised in a manner so as not to unreasonably interfere with operations or the duties of the employees and only after seeking permission of the supervisor. Such visitation privileges may include the purpose of explaining Labor Council or F.O.P. membership, services, or programs.
Labor Council representatives on joint Labor Management Committees may utilize state vehicles when available to travel to applicable meetings.
10.04 Labor Council Delegate and Officer Leave
A.
A bank of 1,000 hours of unpaid time off each year of the contract will be made
available to Labor Council delegates and officers for Labor Council business at
the discretion of the Labor Council. This unpaid leave may be used in
conjunction with paid time such as compensatory time and personal leave at the
option of the specific delegate or officer. If Labor Council delegate and
officer leave is used in conjunction with vacation leave, then twenty-one (21)
days advance
notice must be given.
The Labor Council will notify the Employer of the names of those employees who may use this unpaid leave. The Labor Council will notify the Employer of the dates of all conferences and conventions to which delegates may be sent one (1) month in advance of the event.
Other uses of time by Labor Council officers will require notice of fourteen (14) calendar days to the supervisor. In the event of an emergency as defined by Article 61 of this Agreement this leave may be canceled.
B. A bank of hours to be used by the nine (9) negotiating committee members and their designated alternates (same Department only) shall be established. Such bank of hours shall be divided with each member receiving two hundred (200) hours per each fiscal year of this agreement, with no additional hours allocated to alternates. The Labor Council shall provide names of designated alternates by the beginning of each fiscal year. For the purpose of providing this paid leave bank of hours, the vacation balance of each member of the Labor Council within bargaining unit 2 shall be reduced by three (3) hours in the pay period including July 1 of each calendar year. This reduction shall be made from the regular accrual of vacation to which the employee would otherwise be entitled. Members must notify the Employer at least seventy-two (72) hours in advance of any utilization of this time. The Employer may regulate this time due to its operational needs.
10.05 Labor Council Materials
No bargaining agent insignia, emblems, decals, buttons or novelty items shall be
posted, pasted, or otherwise affixed on state property. This section shall not
restrict the right of any bargaining unit member to wear union insignia on
clothing except when the safety and/or treatment plan of patient, client, or
inmate is involved, or such insignia is prohibited by agency uniform dress
codes.
10.06 Negotiating Committee
The Labor Council Bargaining Committee shall consist
of nine (9) bargaining unit employees. Members of the negotiating team shall be
granted paid administrative
leave for the time of each negotiating session. Paid administrative leave shall
be limited to eight (8) hours for each day of negotiations. The respective
Departments/Agencies will assign persons appointed to the bargaining team to the
day shift for each scheduled bargaining day. Administrative leave shall be
limited to a total of one hundred sixty (160) hours for each employee
involved in the negotiations process. The Labor Council Bargaining Committee
team will each receive one eight (8) hour day paid leave to prepare for
negotiations. All travel, lodging and meal expenses of the employees involved
shall be the responsibility of the employee organization.
Members of the Labor Council's bargaining team shall not use State vehicles for
transportation to or from bargaining sessions.
10.07 Bargaining Agent Business
No bargaining agent business will be conducted on the agency's premises, except
as expressly permitted by the terms of this Agreement.
10.08 O.P.O.T.C. Memorial Service
Each F.O.P. lodge president within the bargaining unit may designate one (1)
member of his/her lodge to attend the Ohio Peace Officers Training Academy Law
Enforcement Memorial Ceremony. Such designated employees attending this ceremony
will be released from work with pay.